Toucet v. Maritime Overseas Corp‪.‬

SKINNER, Senior District Judge Plaintiff Angel Toucet, a seaman, brought this action against his employer, Maritime Overseas Corporation, seeking damages for a back injury suffered aboard the defendant's vessel, the Overseas Alaska. Toucet alleged negligence under the Jones Act, 46 U.S.C. § 688, and unseaworthiness under general maritime law. After trial, a jury returned a special verdict in Toucet's favor on the Jones Act count, but did not find the Overseas Alaska to be unseaworthy. The trial court denied Maritime's motions for judgment n.o.v. and a new trial or, in the alternative, for remittitur of the $75,000 verdict. On appeal, Maritime contends that the trial court erred in denying Maritime's motions for judgment n.o.v. and a new trial because the jury's finding of negligence is irreconcilably inconsistent with its rejection of the claim of unseaworthiness. Maritime also asserts that the trial court erred by allowing Toucet's counsel to pose a hypothetical question that was improperly based on facts not in evidence and by denying Maritime's motion for remittitur.